Quash charge sheet with out summon
senthil
(Querist) 24 June 2016
This query is : Resolved
Dear experts,
a false FIR was lodged to my family members in Jan 2014 in the sections 468,471,419,420,147,294(b),506(1) IPC. we applied for FIR quashing in high court and got stay order for further proceedings in May 2015. But after 2 months police lodged the charge sheet and case in lower court.
up to this 4 hearing went in lower court but we are not got any summon from police. I saw the case status in ecourts website, every month it's adjourned with "Issue fresh summon" status. still we are not got the summon from police
my questions are
1) is it possible to quash the charge sheet with out summon?
2) if i got the summon, whether i can skip the hearing and directly approach the high court to quash charge sheet
3) like civil case summon whether family members can receive other's summon
4)whether these sections (468,471,419,420,147,294(b),506(1) IPC) are cognizable sections, if we failed to prove our innocence what will be the judgement/sentences. Because the opposite party want a compromise in a closed civil suite. the civil suite was closed in favor of us.
please help me on this
Devajyoti Barman
(Expert) 24 June 2016
1. Yes you can do so. Apply for certified copy of the CS for this.
2.Yes but you have to appear anyway unless the high court grants order of stay.
3.Yes
R.K Nanda
(Expert) 25 June 2016
Nothing to add.
